Bill Text: NY S06395 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-30 - SIGNED CHAP.214 [S06395 Detail]

Download: New_York-2019-S06395-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6395

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by Sen. HOYLMAN -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed to the Committee on Rules

        AN  ACT  to amend the civil practice law and rules, in relation to judg-
          ment by confession

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  1  of  subdivision  (a) and subdivision (b) of
     2  section 3218 of the civil practice law and rules, paragraph 1 of  subdi-
     3  vision (a) as amended by chapter 311 of the laws of 1963, are amended to
     4  read as follows:
     5    1.  stating the sum for which judgment may be entered, authorizing the
     6  entry of judgment, and stating the county where  the  defendant  resides
     7  [or if he is a non-resident, the county in which entry is authorized];
     8    (b)  Entry of judgment. At any time within three years after the affi-
     9  davit is executed, it may be filed, but only with the clerk of the coun-
    10  ty where the [defendant] defendant's affidavit stated [in his  affidavit
    11  that  he]  that  the  defendant resided when it was executed or[, if the
    12  defendant was then a non-resident, with the clerk of the  county  desig-
    13  nated  in  the  affidavit]  where  the  defendant resided at the time of
    14  filing. [Thereupon the] The clerk shall then enter  a  judgment  in  the
    15  supreme court for the sum confessed. [He] The clerk shall tax costs [to]
    16  in  the  amount  of fifteen dollars, besides disbursements taxable in an
    17  action.  The judgment may be docketed and enforced in  the  same  manner
    18  and  with  the  same  effect  as  a judgment in an action in the supreme
    19  court. No judgment by confession may be entered  after  the  defendant's
    20  death.    For  purposes of this section, a non-natural person resides in
    21  any county where it has a place of business.
    22    Notwithstanding any other provision of law to the contrary, a  govern-
    23  ment  agency engaged in the enforcement of civil or criminal law against

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11359-03-9
        S. 6395                             2

     1  a person or a non-natural person may file an  affidavit  in  any  county
     2  within the state.
     3    §  2. This act shall take effect immediately and apply to judgments by
     4  confession entered upon affidavits filed  on  or  after  such  effective
     5  date.